Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)----- -- Ss. 2 (ii), 2 (xiii), 22 & 37-Order of Labour Court regarding status of Workers' Union as a collective bargaining agent-Not a matter "relating to industrial dispute" hence not an award and not appealable. During the pendency of conciliation proceedings a rival Union was formed and registered. Upon failure of conciliation proceedings the former Union filed a dispute before the Labour Court. In order to determine as to which Union could be treated as collective bargaining agent a referendum was held thereafter and the second Union winning the referendum got a certificate from the Registrar regarding its statu3 of being collective bargaining agent. The Labour Court accordingly passed order that the applicant-Union was not the collective bargaining agent. In appeal it was contended that in view of the expression "any matter relating thereto" in section 2(ii) of the Industrial Relations Ordinance, 1969 the order of Labour Court amounted to an award and as such was appealable. Held: According to section 2(ii) of the Industrial Relations Ordinance, 1969 it is clear that not only the determination of an Industrial Dispute is an Award but even any matter relating to the industrial dispute is also covered by the aforesaid term, apart from the extension of the definition to an interim award. There is no dispute that the industrial dispute was not decided. It also cannot be said to be an interim award as none of the demands was determined. This leaves us with the expression, "any matter relating thereto." Definition of Industrial Dispute as contained in section 2(xii) of the Ordinance covers three classes of dispute connected with (i) employment or non-employment, (ii) terms of employment and (iii) conditions of work. Thus the expression "any matter relating thereto" should necessarily be covered by any of these three classes. Quite obviously the decision of the Labour Court does not relate to any of them but it is in respect of the status of the Union as a collective bargaining agent and, therefore, it can not be said to be covered by any of those classes, with the result that it is not a matter relating to an…

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